{"title":"Market making for the planet: the Paris Agreement Article 6 decisions and transnational carbon markets*","authors":"Stephen Minas","doi":"10.1080/20414005.2023.2174690","DOIUrl":null,"url":null,"abstract":"ABSTRACT\n The inclusion of market approaches to inter-Party cooperation in Article 6 of the Paris Agreement was controversial among Parties. The Article 6 rules, which were among the last elements of the Paris rulebook to be agreed at the 2021 Glasgow conference, were keenly contested among Parties. This article analyses the significance of Article 6 and the related decisions from the Glasgow and Sharm el-Sheikh conferences for the governance of transnational carbon markets. It argues that these rules have the potential to anchor carbon markets in a normative framework of enhanced mitigation ambition and environmental integrity. However, realising this potential will depend on the recursive interactions of multiple actors and sites of norm production within and beyond UNFCCC processes. The theory of transnational legal orders (TLOs) is applied to the analysis of this situation. TLO theory also suggests key factors that will determine the salience of Article 6 to carbon markets.","PeriodicalId":37728,"journal":{"name":"Transnational Legal Theory","volume":"58 1","pages":"287 - 320"},"PeriodicalIF":0.0000,"publicationDate":"2022-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"1","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Transnational Legal Theory","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1080/20414005.2023.2174690","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"Social Sciences","Score":null,"Total":0}
引用次数: 1
Abstract
ABSTRACT
The inclusion of market approaches to inter-Party cooperation in Article 6 of the Paris Agreement was controversial among Parties. The Article 6 rules, which were among the last elements of the Paris rulebook to be agreed at the 2021 Glasgow conference, were keenly contested among Parties. This article analyses the significance of Article 6 and the related decisions from the Glasgow and Sharm el-Sheikh conferences for the governance of transnational carbon markets. It argues that these rules have the potential to anchor carbon markets in a normative framework of enhanced mitigation ambition and environmental integrity. However, realising this potential will depend on the recursive interactions of multiple actors and sites of norm production within and beyond UNFCCC processes. The theory of transnational legal orders (TLOs) is applied to the analysis of this situation. TLO theory also suggests key factors that will determine the salience of Article 6 to carbon markets.
期刊介绍：
The objective of Transnational Legal Theory is to publish high-quality theoretical scholarship that addresses transnational dimensions of law and legal dimensions of transnational fields and activity. Central to Transnational Legal Theory''s mandate is publication of work that explores whether and how transnational contexts, forces and ideations affect debates within existing traditions or schools of legal thought. Similarly, the journal aspires to encourage scholars debating general theories about law to consider the relevance of transnational contexts and dimensions for their work. With respect to particular jurisprudence, the journal welcomes not only submissions that involve theoretical explorations of fields commonly constructed as transnational in nature (such as commercial law, maritime law, or cyberlaw) but also explorations of transnational aspects of fields less commonly understood in this way (for example, criminal law, family law, company law, tort law, evidence law, and so on). Submissions of work exploring process-oriented approaches to law as transnational (from transjurisdictional litigation to delocalized arbitration to multi-level governance) are also encouraged. Equally central to Transnational Legal Theory''s mandate is theoretical work that explores fresh (or revived) understandings of international law and comparative law ''beyond the state'' (and the interstate). The journal has a special interest in submissions that explore the interfaces, intersections, and mutual embeddedness of public international law, private international law, and comparative law, notably in terms of whether such inter-relationships are reshaping these sub-disciplines in directions that are, in important respects, transnational in nature.
京公网安备 11010802042870号
京ICP备2023020795号-1
分享
求助内容：
应助结果提醒方式：
扫码关注我们
